HomeMy WebLinkAbout24-1345ORD[NANCE NO. 24- 1345
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES, INC. DBA
PELOTON LAND SOLUTIONS, INC., FOR DESIGN SERVICES FOR NEIGHBORHOOD 5B &
OAKLAND DRAINAGE FOR THE CAPITAL PROJECTS DEPARTMENT; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(RFQ 8377-o03 – PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES
AWARDED TO WESTWOOD PROFESSIONAL SERVICES, [NC. DBA PELOTON LAND
SOLUTIONS, INC., IN THE NOT-TO-EXCEED AMOUNT OF $4,512,215.00).
WHEREAS, on February 20, 2024, the City Council approved a pre-qualified professional
services list of state certified Transportation Engineers for various improvements and public safety-
related projects within the City of Denton (Ordinance 24-276), and the professional services provider
(the “Provider”) mentioned in this ordinance is being selected as the most highly qualified on the
basis of its demonstrated competence and qualifications to perform the proposed professional
services; and
WHEREAS, this procurement was undertaken as part of the City’s governmental function;
and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than, the recommended practices and fees published by the professional
associations applicable to the Provider’s profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an
agreement with Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., to provide
professional design services for the City of Denton, a copy of which is attached hereto and
incorporated by reference herein.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3 . The City Council of the City of Denton hereby expressly delegates the authority
to take any actions that may be required or permitted to be performed by the City of Denton under
this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval .
The motion to approve Mb ordinance was made by Jill Jcb it/ and
seconded by Joe Ha) \ b_ J . This only the
following vote K- A :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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PASSED AND APPROVED this the /At- d,y,f J„ty , 2024
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ATTEST:
LAUREN THODEN, CITY SECRETARY HUb
KOIZb’&a.*: #cUA„hIhh
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY .h No
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BY:
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
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Erica Garcia
Neighborhood 5B & Oakland Drainage
8377-003PSA
Not Applicable
JULY 16, 2024
N/A
24-1345
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 19
CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., a Westwood Company, with its corporate office at 2805 North Dallas Parkway, Suite 150,
Plano, TX 75093 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT
generally described as: 8377-003 Neighborhood 5B & Oakland Drainage(the "PROJECT"). SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Exhibit A. These services shall be performed in connection with
the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person. SECTION 2 Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $4,512,215 in the manner and in accordance with the fee schedule as set forth in Exhibit B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Exhibit A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Exhibit C. SECTION 3 Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set forth in Exhibit C to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest
will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care
The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer.
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C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Exhibit A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in
Exhibit A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if
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the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with Exhibit B.
(2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid.
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H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings.
I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed.
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J. INSURANCE (1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability
insurance contains a general aggregate limit, it shall apply separately to
this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of $1,000,000 combined single limit. Such insurance shall cover liability arising out of “any auto”, including owned, hired, and non-owned autos,
when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than
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$100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a claims-made policy, with a limit of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution.
b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted
services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon.
d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V orotherwise acceptable to
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CITY, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply.
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L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per Exhibit C to this AGREEMENT. P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
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ENGINEER’s agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA.
SECTION 5 Obligations of the City A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with Exhibit C. E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
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facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
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cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties. K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval.
SECTION 6 General Legal Provisions A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk and without liability or legal exposure to ENGINEER. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, pandemic, epidemic or other events beyond the control of the ENGINEER that prevent ENGINEER’s performance of its obligations hereunder. D. Termination
(1) This AGREEMENT may be terminated:
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a. by the City for its convenience upon 30 days' written notice to ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails to diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made.
F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST THIRD PARTY LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S LIABILITY.
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 14 of 19
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party. H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY, LIABILITIES, OR LOSSES CAUSED BY VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 15 of 19
right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written verification to the City that Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By signing this agreement, Engineer certifies that Engineer’s signature provides written verification to the City that Engineer: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and Firearm Trade Associations
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 19
Engineer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country. Q. Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 23-1165 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. R. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract
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unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/filinginfo/1295/ 2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days.
S. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT:
Exhibit A – Scope of Services Exhibit B – Compensation and Method of Payment; Detailed Fee Breakdown; and Rates Schedule Exhibit C – Schedule Exhibit D – Project Limits Map
These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 18 of 19
certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on _____________________________.
BY: CITY OF DENTON, TEXAS BY: ENGINEER
Sara Hensley, City Manager
Peloton Land Solutions, Inc., a Westwood Company Authorized Agent, Title
Full Name: ________________________
________________________________
TEXAS ETHICS COMMISSION CERTIFICATE NUMBER
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2024-1174223
Senior Director, Public Infrastructure
Brian Oneill
07/16/2024
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 19 of 19
ATTEST: LAUREN THODEN, CITY SECRETARY
BY: _______________________________
THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms.
_________________________ Signature _________________________
Title _________________________ Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
Director of Capital Projects
Capital Projects
07/16/2024
April 12, 2024
Project No.: 0052050.00
Mr. Seth Garcia
Deputy Director of Capital Projects
CITY OF DENTON
401 North Elm Street
Denton, Texas 76209
Re: Professional Civil Engineering Services
Neighborhood 5B & Oakland Drainage
Denton, Denton County, Texas
Dear Mr. Garcia:
Westwood Professional Services, Inc. d/b/a Peloton Land Solutions a Westwood
Company. is pleased to submit this proposal to provide professional civil engineering services
relating to the Neighborhood 5B & Oakland Drainage. The projects consists of reconstruction of
public streets within the Neighborhood Section 5B as well as replacement of select sections of
water and wastewater infrastructure, sidewalks, and illumination. In addition, the project will
upgrade the drainage systems within the Neighborhood Section 5B with improvements to the
storm infrastructure and installation of a detention pond upstream of site.
Based on our preliminary discussions and the information received to date, our perception of
the project is described in the attached documents:
Westwood Professional Services, Inc. d/b/a Peloton Land Solutions a Westwood
Company is pleased to have this opportunity to submit this proposal and look
forward to working with you on this project. If the proposed agreement is acceptable to
you as presented, please execute one copy of the agreement form and return one original copy to
our office. If you have any questions or would like any additional information, please do not
hesitate to call us at your convenience.
Sincerely,
Paul Hodges, P.E. Brian Haynes, P.E., CFM
Project Manager Program Manager
EXHIBIT C - Schedule
EXHIBIT D - Project Limits Map
EXHIBIT B - Compensation and Method of Payment; Detailed Fee Breakdown; Rates ScheduleEXHIBIT A - Scope of Services
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 2
EXHIBIT ‘A’ – SCOPE OF SERVICES
NEIGHBORHOOD 5B & OAKLAND DRAINAGE
PROJECT DESCRIPTION:
The project consists of reconstruction of public streets within the Neighborhood Section 5B as
well as replacement of select sections of water and wastewater infrastructure, sidewalks, and
illumination. In addition, the project will upgrade the drainage systems within the
Neighborhood Section 5B with improvements to the storm infrastructure and installation of a
detention pond upstream of site. Refer to Exhibit ‘E’ for Project Limits Map.
A. Project Management, Coordination, & Permitting
1. Manage the Team:
Lead, manage and direct design team activities.
Ensure quality control is practiced in performance of the work.
Communicate internally among team members.
Allocate team resources.
2. Communications and Reporting:
Attend a pre-design project kickoff meeting with Client staff to confirm
and clarify scope, understand Client objectives, and ensure economical
and functional designs that meet Client requirements.
Conduct review meetings with the Client at the end of each design phase.
Attend public meetings with stakeholders. City will host meetings and
Westwood will provide exhibits and technical support for the meetings.
Prepare and submit monthly invoices in the format acceptable to the
Client.
Prepare and submit monthly progress reports.
Prepare and submit baseline Project Schedule initially and Project
Schedule updates.
Coordinate with other agencies and entities as necessary for the design of
the proposed infrastructure and provide and obtain information needed
to prepare the design.
With respect to coordination with permitting authorities, Westwood shall
communicate with permitting authorities such that their regulatory
requirements are appropriately reflected in the designs. Westwood shall
work with regulatory authorities to work towards approval of the designs
and permitting.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 3
3. Franchise Utility Coordination:
Westwood will consult with the Client, public utilities, private utilities and
government agencies to determine the approximate location of above and
underground utilities, and other facilities (current and future) that have
an impact or influence on the project. Westwood will design Client
facilities to avoid or minimize conflicts with existing utilities, and where
known and possible consider potential future utilities in designs.
Westwood will coordinate with utility owners related to the relocation
efforts of franchise utilities that remain in conflict with the proposed
construction. Franchise utility will be responsible for preparing utility
relocation plans.
4. Construction Manager at Risk (“CMAR”) Services:
Westwood shall provide the following Pre-Construction Engineering Services to
support delivery of the project by CMAR. Westwood will assist the CMAR with
Pre-Construction Services which include:
Attend design workshops with CMAR and Client to review plan progress,
provide value engineering, and constructability. Design workshops will
include in-person meetings consisting of Westwood team, CMAR, and
Client. These meetings will be held at project milestones (Project Kick-
Off, 10%, 30% ,60%, and 90% Submittals) and in-between as agreed to
between Westwood, CMAR, and Client.
Attend up to Two (2) Traffic Control design workshops to discuss project
sequencing, phasing, and construction timelines.
Westwood will document and summarize CMAR and Client comments
during design workshops by preparing comment resolutions and response
matrix.
Westwood will modify/update engineering design plans in conjunction
with input from the CMAR. Proposed changes to the plans will be
evaluated by Westwood before development of updated plans, for benefit
to the project to gain efficiency, reduced time, and/or cost.
Westwood will assist the CMAR to prepare conceptual, preliminary, and
final plans, specifications, and quantities for the construction bid
packages.
Prepare design exhibits to analyze alternative design options as needed in
conjunction with input from CMAR.
Prior to the 60% percent review meeting with the CMAR and Client,
Westwood shall schedule and attend a project site visit with the CMAR
and Client to walk the project. Westwood shall summarize the comments
from the field visit and submit this information to the Client in writing.
Assumptions:
One (1) pre-design project kick-off meeting.
This project will be delivered through a Construction Manager at Risk
(CMAR) process. It is assumed the CMAR will start the beginning of
design process. Coordination with the CMAR will begin at project design
kick-off.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 4
The Project Design phase is estimated to be Sixteen (16) months and the
Project Construction phase is anticipated to take up to Twenty-Two (22)
months for a total project duration of Thirty-Six (36 Months).
Four (4) milestone plan review meetings (10%, 30%, 60%, and 90%). The
four (4) milestone meetings are included in the CMAR Constructability
Review meetings as part of the Pre-Construction phase services.
Thirty-Two (32) bi-weekly design team meetings will be held over Sixteen
(16) month design duration.
Attendance for up to Two (2) public meetings and the preparation of
exhibits and documents for meetings. Anticipated stakeholders include
Texas Woman’s University and property owners within the Neighborhood
5B vicinity.
All submittals to the CMAR and Client will go through a Quality Control &
Quality Assurance process prior to submission.
Monthly Project Status Reports will be provided with monthly invoice
updates. Thirty-six (36) invoices are anticipated for this project, based on
total project duration.
B. Conceptual Design Study (10% Submittal)
The Conceptual Design shall be submitted to Client per the approved Project
Schedule. The Conceptual Design will include data collection of existing conditions,
preparation of refined drainage study, and conceptual design alternative analysis.
The purpose of the conceptual design is for Westwood to:
Study the project.
Identify and develop alternatives.
Present (through the defined deliverables) alternatives to the Client.
Recommend the alternatives that successfully address the design
problem.
Obtain the Client’s endorsement of the selected concept.
Westwood will develop the conceptual design of the infrastructure as follows.
1. Data Collection:
In addition to data obtained from the Client, Westwood will research
proposed improvements in conjunction with any other planned future
improvements known by the Client that may influence the project.
Westwood will also identify and seek to obtain data for existing conditions
that may impact the project including but not limited to; utilities, agencies
(TxDOT, TCEQ, FEMA and USACE), Client Master Plans, and property
ownership as available from the Tax Assessor's office.
Collect information and schedule of nearby construction projects to ensure
closures/construction do not interfere with each other.
Westwood will prepare existing constraints base file (CAD) by combining
collected topo, SUE, boundary, utility locates, record drawing information
and other collected information. This base file will be used for design of
improvements and exhibits.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 5
2. Prepare Refined Drainage Study:
Westwood will prepare refined drainage study of the Pecan Creek basin to
verify and analyze previous study and establish working models for drainage
improvements. Westwood will utilize existing Pecan Creek and Oakland
Street drainage studies and hydraulic models, prepared by Halff Associates,
as baseline for refined drainage study analysis.
Westwood will refine the hydrologic analysis and hydraulic models for
existing conditions based on current data collection, field survey and field
observations.
Examine N. Pecan Creek channel adjacent to Marshall St. and analyze
improvements. Potential improvements may include channel improvements,
and crossings at Oakland St. and Austin St. Both bridge and culvert
improvement alternatives crossings will be considered and examined.
Oakland Street drainage improvements from previous study will be evaluated
for feasibility and alternative options will be explored, as needed.
Examine conceptual Quakertown Park N. Pecan Creek natural channel
revitalization alternatives.
Westwood will analyze and consider additional alternative design concepts (if
any are determined during study) and present alternatives to the Client.
Preparation of concept design exhibits for drainage improvements (including
detention ponds, culverts, and channel improvements) will be developed for
Right-Of-Way and planning purposes.
Execute Models/Analyze Results.
Prepare Refined Drainage Study Report.
3. Conceptual Design Exhibits and Alternatives Analysis:
Alternative design concepts (if any are determined) will be analyzed,
considered for strengths, weaknesses, and cost benefit for each, and
presented to the Client.
Mitigation issues shall be identified, and viable solutions must be approved
during the Conceptual Design Phase.
Westwood will analyze alternative typical sections of streets and prepare
exhibits for client to review and select.
Analyze sanitary sewer crossing at N. Pecan Creek and prepare re-routing
alternatives.
Drainage improvement analysis will include Oakland Street storm drainage
trunklines, N. Pecan Creek culverts or bridges, conceptual Marshall Street
channel improvements between Austin Street and Oakland Street, conceptual
Quakertown Park N. Pecan Creek natural channel revitalization, preliminary
detention pond sizing and location, and proposed shopping center culverts
alignment.
Conceptual plans shall include H&H analysis to confirm the Proposed Design
does not cause adverse downstream water surface elevation (WSEL) and
Velocity impacts.
Preliminary phasing of construction.
Documentation of key design decisions.
Pre-Construction CMAR Services:
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 6
Prepare an estimate of construction quantities and develop the preliminary
opinion of probable construction costs (OPCC) per task A.4.
Attend Design Workshops for Project Kick-Off and 10% submittals per task
A.4.
Deliverables:
1. Refined Drainage Study Report
2. Conceptual Design Layouts
3. Utility Conflict Plan PDF and Matrix
4. CAD Files for Survey and SUE
5. Preliminary Jurisdictional Determination Report
6. Environmental Sensitive Area Assessment
7. Cultural Resource Assessment
8. CLOMR (if required)
C. Conceptual Packages (30% Construction Plans)
At such time Westwood is directed by Client for selected alternatives from conceptual
design study, Westwood shall prepare Conceptual Design Packages. The project is
split into two separate engineering packages based on location and proximity of
improvements; Streets Package consisting of improvements within the street project
limits, and the Drainage Package consisting of detention site and culvert
improvements within the drainage project limits.
Street Package Improvement Limits:
Oakland Street (Northern N. Locust St. intersection to Southern N. Locust St.
intersection)
Austin Street (Oakland St. to Congress St.)
Texas Street (Oakland St. to Bell St.)
Withers Street (Oakland St. to Bell St.)
Marshall Street (Locust St. to Oakland St.) – Channel Improvements
Drainage Package Improvement Limits:
Detention Site (Empty tract west of North Texas Fair and Rodeo)
Denton Shopping Center Parking Lot – Culvert Improvements
1. Drainage Package:
The 30% drainage package will include engineering sheets showcasing existing
conditions and proposed improvements:
Cover Sheet
Index
Project Layout
Removal Plans
Preliminary Grading Plans
Preliminary Paving Plan Sheet
Preliminary Drainage Area Maps
Preliminary Drainage Plan & Profiles
Preliminary Utility Adjustment Layouts
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 7
2. Streets Package:
The 30% streets package will include engineering sheets of each street
showcasing existing conditions and proposed improvements.
Cover Sheet
Index
Project Layout
Traffic Control Plan
Removal Plans
Preliminary Plan & Profile
Preliminary Typical Sections
Preliminary Drainage Area Maps
Preliminary Drainage Plan & Profile
Preliminary Water Layout
Preliminary Sewer Plan & Profile
Preliminary Retaining Wall Layout
Preliminary Bridge Layout (as needed)
Preliminary Culvert Layout (as needed)
Marshall Street Channel Improvement Layouts (as needed)
Pre-Construction CMAR Services:
Assist CMAR in developing construction quantities and develop the
preliminary opinion of probable construction costs for both packages per task
A.4.
Attend Design Workshops for TCP and 30% submittals per task A.4.
Deliverables:
1. Conceptual Design Packages with QAQC Documentation. Submit two (2) full
sized 22”x34” sets, and two (2) half sized 11”x17” sets of drainage and streets
packages.
2. Utility Conflict Plans for franchise utility review
3. Geotechnical Report
4. Opinions of Probable Construction Cost
5. Public Meeting Exhibits (as required per Client request)
6. Phase 1 Environmental Site Assessment (If required)
7. ALTA Survey (If required)
8. TCEQ Submittal
D. Preliminary Design (60% Construction Plans)
At such time Westwood is directed by Client, Westwood shall prepare preliminary
design plans. The requirements for preliminary plans will be in accordance with the
City of Denton Design Criteria Standards. Westwood will prepare preliminary
construction plan sets (60%) for each package.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 8
1. Drainage Package:
Westwood shall prepare preliminary drainage package consisting of the
following:
Cover Sheet
Index
General Notes
Quantity Sheet
Project Layout
Survey Control Sheet
Typical Sections
Sequence of Construction
Traffic Control Plan Phasing
Detour Layouts
Removal Plans
Grading Plans
Paving Plan & Profile Sheets
Drainage Area Maps
Hydraulic Calculations
Drainage Plan & Profiles Sheets
Sewer Relocation Plan & Profile Sheets
Water Relocation Plan & Profile Sheets
Erosion Control Plans
Structural Details (if applicable)
Tree Protection and Mitigation Plans
Construction Detail sheets
2. Streets Package:
Westwood shall prepare preliminary streets package consisting of the following:
Cover Sheet
General Notes
Quantity Sheet
Project Layout
Survey Control Sheet
Typical Sections
Sequence of Construction
Traffic Control Plan Phasing
Detour Layouts
Removal plan sheets
Roadway plan and profile sheets
Retaining Wall Plan & Profile Sheets
Signing & Pavement Markings
Drainage Area Maps
Drainage plan and profile sheets
Water (12” diameter or larger) plan and profile sheets
Water (smaller than 12” diameter) plan sheets
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 9
Sanitary Sewer plan and profile sheets
Cross Sections (At 50’ Intervals, Cross Streets & Driveways)
Bridge Layout & Details (if applicable)
Structural Details (if applicable)
Culvert Layouts (if applicable)
Illumination Layouts & Details
Erosion Control Plans
Tree Protection and Mitigation Plans
Construction Detail sheets
Pre-Construction CMAR Services:
Assist CMAR in developing construction quantities and develop the
preliminary opinion of probable construction costs for both packages per task
A.4.
Assist CMAR in developing standard construction contract documents and
technical specifications per task A.4.
Attend constructability review site visit with CMAR and Client.
Attend Design Workshops for TCP and 60% submittals per task A.4.
Deliverables:
1. Preliminary Design Packages with QAQC Documentation. Submit two (2) full
sized 22”x34” sets, and two (2) half sized 11”x17” sets of drainage and streets
packages.
2. Utility Conflict Plans for franchise utility review
3. Opinions of Probable Construction Cost
4. Preliminary Project Specifications Manual
5. Right-Of-Way and Easement Documents
6. Public Meeting Exhibits (as needed per client request)
7. TCEQ Submittal
E. Final Design (90% & 100% Submittals)
At such time Westwood is directed by Client, Westwood shall prepare final design
plans (90% & 100%). The requirements for final plans will be in accordance with the
City of Denton Design Criteria Standards. Westwood will prepare final construction
plan sets (90% and 100%) for each package. Finalized plans shall include:
Revise preliminary plans incorporating comments from the CMAR and Client for
both drainage and street packages.
Incorporate final Client review comments into the plans and construction
contract documents to finalize construction plans for proposed improvements.
Finalize construction contract documents including Client standard
specifications, special technical specifications and special conditions (if any).
Pre-Construction CMAR Services:
Assist CMAR in developing construction quantities and develop the
preliminary opinion of probable construction costs for both packages per task
A.4.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 10
Assist CMAR in developing standard construction contract documents and
technical specifications per task A.4.
Attend Design Workshops for 90% submittals per task A.4.
Deliverables:
1. Final Design Packages with QAQC Documentation. Submit two (2) full sized
22”x34” sets, and two (2) half sized 11”x17” sets of drainage and streets
packages
2. Final Utility Conflict Plans for franchise utility review
3. Final Opinions of Probable Construction Cost
4. Final Project Specifications Manual
5. TCEQ Submittal
F. Bid Phase Services
Westwood will support the bid phase of the project as follows.
1. Bid Advertisement:
Westwood shall assist in preparation and submittal of draft Bid
Advertisement for publishing by the Client/CMAR.
2. Bid Document Distribution:
Westwood shall assist with distribution of construction plans and contract bid
documents.
3. Bidder Assistance:
Westwood will receive and answer bidders’ questions and requests for
additional information. The procedures shall include a log of all significant
bidders’ questions and requests, and the response thereto. Westwood will
provide technical interpretation of the contract bid documents and will
prepare proposed responses to all bidders’ questions and requests, in the
form of addenda.
Attend the prebid conference in support of the Client/Construction Manager.
Attend the bid opening in support of the Client/Construction Manager.
4. Bid Analysis and Recommendation of Award:
Westwood shall assist with tabulation and review of bids received for the
construction project, assist the Client/Construction Manager in evaluating
bids, and recommend award of the contract.
Westwood will assist the Client/Construction Manager in determining the
qualifications and acceptability of prospective contractors, subcontractors,
and suppliers.
Westwood shall make a recommendation of award to the Client/Construction
Manager if requested.
5. Conformed Construction Documents:
Upon award of a contract by the Client, Westwood shall assist with the
execution, assembly and distribution of the conformed construction contract
documents for the Project.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 11
G. Construction Administration
Construction administration scope of work assumes the duration of construction for
this project will be twenty-two (22) months. We are assuming the City of Denton will
provide construction inspection and review and approve the contractor’s pay
applications.
1. Preconstruction Conference:
Westwood shall attend the preconstruction conference.
2. Site Visits:
Westwood shall visit the project site at appropriate intervals as construction
proceeds to observe and report on progress. It is estimated that one (1) visit
per month will be made by Westwood. This proposal assumes construction
duration will be up to twenty-two (22) months.
3. Construction Meetings:
Westwood will attend a monthly construction meeting via conference call and
bi-weekly in-person meetings during construction duration. This proposal
assumes construction duration will be up to twenty-two (22) months.
4. Shop Drawing and Lab Report Review:
Westwood shall review shop drawings submitted by the contractor for
compliance with design concepts. Westwood shall review laboratory, shop,
and mill test reports on materials and equipment.
5. Instructions to Contractor:
The Engineer shall provide necessary interpretations and clarifications of
contract documents, review change orders and make recommendations as to
the acceptability of the work, at the request of the Client.
6. Final Inspection:
The Engineer shall attend final inspection of the Project with representatives
of the Client and the construction contractor.
7. Record Drawings:
Prepare construction “Record Drawings” based upon mark-ups and
information provided by the construction contractor(s). Submit one (1) set of
the record drawings (with “record drawing stamp” bearing the signature of
the Engineer and the date) to the Client on a CD-ROM disk or flash drive
containing scanned 22”x34” black and white PDF images.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 12
H. Field Investigations
1. Field Survey
Establish Survey Control:
Establish survey control along each street or intersecting streets as necessary.
These control points will be established based on and tied to established City
horizontal and vertical control points. The horizontal control for each street in
the project will be established on the State Plane Coordinate System (NAD'83
Surface Coordinates) from Client monumentation. Control points will be
established using 5/8" iron rods, 18" long. These control points will be
established using GPS and conventional surveying methods.
Benchmark Loop:
A benchmark circuit will be established, based on the vertical control points
provided. These benchmarks will be located outside of the construction limits
and put in such a place so that they may be easily found for future use.
Benchmarks will be located at about 1,000' intervals and will be referenced.
Benchmarks shall be looped in accordance with good surveying practice prior to
field surveys. All control leveling work will be performed using appropriate
modified second order procedures with closed loops into the project vertical
control.
Existing Streets, Driveways and Right-of-Way:
Existing streets, driveways and right-of-way will be profiled and cross-sectioned
at 50' intervals and to a point at least 20' outside of the Right-of-Way line. Low
points, high points and other unique features will be noted. Pavement surfacing
will be determined by visual inspection only. Intersecting streets will be profiled
and cross-sectioned to a point at least 50' beyond the roadway being replaced.
Existing Drainage Channels and Drainage Area Verification:
Existing drainage channels and swales will be profiled and cross sectioned within
the immediate vicinity of the project, 100' upstream and downstream. Low
points, high points and any other unique features will be noted. Additional
surveying may be necessary to verify the limits of drainage areas.
Existing Underground and/or Overhead Utilities:
Utility owner's will be contacted, on an as-needed basis, and requested to assist in
locating existing utilities identified for the project. Above ground features of
existing utilities within the proposed Right-of-Way for the limits of the project
will be field located, including elevations of sanitary and storm sewer manhole
flowlines and water/gas valve stems. The location of utilities between above
ground features will be determined from visual inspection, utility records, and/or
from locations determined by the respective utility companies. The utilities will
be tied to the project control points and depths determined in sufficient detail to
identify potential conflicts with proposed construction. The excavation and other
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 13
costs required to expose or probe the underground utilities will be the
responsibility of others.
Right-of-Way:
Right-of-Way lines along the project will be located. This information will be
included on the project’s plan sheets.
Existing Storm Sewers and Culverts:
The size of existing culverts will be measured and tied along with existing
headwalls, channels and aprons. The size, length, and flowline elevation of
existing storm sewers will be surveyed. Drainage areas contributing to the
PROJECT or conveying water from the project will be determined through field
investigations, existing studies, and available topographic mapping.
Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc.
The Surveyor will exercise care in completing this surveying assignment by using
traffic control devices, flags and safety equipment when necessary.
2. Environmental Investigations
Waters of the US Delineation with Jurisdictional Determination Report
Westwood will conduct a delineation of potential waters of the U.S within project
limits. While on-site, Westwood biologists will also assess the likelihood of state-
and federal-listed species occurrence based on the habitats within the site. The
delineation will be conducted in accordance with U.S. Army Corps of Engineers
(USACE) guidance, including the 1987 manual, the Great Plains Regional
Supplement, and other pertinent guidance. The delineation would be conducted
via pedestrian surveys on the subject tract to identify potential waters of the U.S.
The information gathered during the site visit will be incorporated into a
Preliminary Jurisdictional Determination (PJD) report, which could
subsequently be submitted to the USACE for verification and Section 404
permitting if that proves necessary as a result of proposed project plans. The PJD
report will be prepared in accordance with Section 404 of the Clean Water Act
and current USACE guidance.
Phase 1 ESA
The Phase I ESA reports will be conducted to identify, to the extent feasible
pursuant to American Society for Testing and Materials Practice E1527-21 and
Title 40 of the Code of Federal Regulations, Part 312 (40 CFR 312), recognized
environmental conditions that are present or likely to be present on the detention
site property. The purpose of the Phase I ESA is to permit the user to satisfy one
of the requirements to qualify for the innocent landowner, contiguous property
owner, or bona fide prospective purchaser limitations of the Comprehensive
Environmental Response, Compensation and Liability Act, also known as
landowner liability protections.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 14
City of Denton Environmental Sensitive Area Assessment
Westwood biologist will prepare an Environmental Sensitive Area Assessment of
the detention site in accordance with the City of Denton standards Information
collected from the remote sensing and site visit task will be compiled into an
environmentally sensitive areas assessment report. The report will include a
written narrative for the project, a description of the environmentally sensitive
areas, and an assessment of the environmentally sensitive areas (i.e., a
determination of areas that do not meet the criteria of an environmentally
sensitive area).
Protected Species Habitat Assessment
A protected species habitat assessment of the detention site, including a site visit,
will be conducted by a Westwood biologist. Westwood biologist will coordinate
with the Texas Parks and Wildlife Department to obtain a copy of the Natural
Diversity Database (NDD) as well as the U.S. Fish and Wildlife Service iPAC
database. A Threatened and Endangered species report for the site will be
prepared with a description of field observations and conclusions.
Cultural Resources Assessment
A cultural resources desktop assessment will be conducted on the detention site
to evaluate the site in accordance with Section 106 of the National Historic
Preservation Act (NHPA) and the Antiquities Code of Texas as appropriate. This
work will be performed through our archeological sub-consultant. A letter report
summarizing the findings of the desktop cultural assessment and
recommendation for additional work if necessary. Please note: A site visit is not
included and will not be conducted for the purpose of the cultural resource
review: should a regulatory agency require a site visit and/or work beyond a
desktop review, an intensive-level investigation may be necessary.
3. Geotechnical Investigation
Through a qualified subcontractor, Westwood shall:
Eighteen (18) borings will be drilled within the alignment of the proposed
street reconstruction to depths of about 10 feet below the existing grades.
Ten (10) additional borings will be drilled within the areas of the
proposed detention pond and embankments to depths of 30 feet below
existing grade.
If determined to be needed, two (2) additional borings will be drilled at
the locations of the bridge crossings (one at each crossing) to depths of 35
feet, or 10 feet into competent bedrock, whichever occurs first, below the
existing grades.
Perform soil investigations, including field and laboratory tests, borings,
related engineering analysis and recommendations for determining soil
conditions will be made. Results will be documented in Report.
A pavement section design will be prepared based on the results.
Recommendations for detention pond and embankment construction,
including the appropriateness of using the excavated materials in the
proposed pond area to be used as embankment fill
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 15
Recommendations for bridge foundation type, depth and allowable
loading, uplift considerations, and Seismic Site Class (2018 IBC).
Recommendations regarding design of trench safety and below ground
structure, and suitability of pipe materials and construction technologies
will be prepared based on the results.
4. Subsurface Utility Engineering
Through a qualified subcontractor, Westwood shall provide Subsurface Utility
Engineering (S.U.E.) The S.U.E. will be performed to ASCE standard guidelines
(ASCE 38-02). The deliverables for this project will be electronic files only in
AutoCAD format. All Right-of-Entry Coordination is to be provided by Client.
Non-Routing Traffic Control Measures are not included in the scope of services.
As described in the publication, four levels have been established to describe the
quality of utility location and attribute information used on plans. The four
quality levels are as follows:
Quality Level D (QL”D”) – Information derived from existing utility
records.
Quality Level C (QL”C”) – QL”D” information supplemented with
information obtained by surveying visible above-ground utility features
such as valves, hydrants, meters, manhole covers, etc.
Quality Level B (QL”B”) – Two-dimensional (x, y) information obtained
through the application and interpretation of non-destructive surface
geophysical methods. Also known as “designating” this quality level
provides the horizontal position of subsurface utilities within
approximately one foot.
Quality Level A (QL”A”) – Three dimensional (x, y, z) utility information
obtained utilizing non-destructive vacuum excavation equipment to
expose utilities at critical points which are then tied down by surveying.
Also known as “locating”, this quality level provides precise horizontal
and vertical positioning of utilities within approximately 0.05 feet.
The scope of this proposal includes Quality Level (QL) “A” and “B” SUE. Utilities
to be designated include gas, telecommunications, electric, traffic signals, storm,
water and sanitary sewer. Designating will be performed within the existing ROW
of the project limits. Up to Twenty (20) QL “A” test holes will be included in the
budget. Test hole locations will be determined by Westwood and sub-consultant
once the QL “B” SUE deliverable has been reviewed. Sub-consultant will have all
designating marks and test holes surveyed using project control point data
provided by Westwood.
I. Permitting
Westwood will provide coordination with the USACE, TxDOT, TCEQ, FEMA or other
required agency for Permitting of the proposed infrastructure construction.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 16
1. Floodplain Permitting:
Conditional Letter of Map Revision (CLOMR)
If required, Westwood shall update the effective FEMA models for North Pecan
Creek with proposed capital drainage improvements. FEMA CLOMR submittal
documentation and coordination will be performed to receive approval for
proposed improvements.
Letter of Map Revision (LOMR)
If required, shall update the effective FEMA models for North Pecan Creek with
constructed capital drainage improvements. FEMA submittal documentation
and coordination will be performed to receive approval for constructed
improvements.
Assumptions:
Westwood will perform an “As-Built” Survey of the completed improvements.
Westwood will be responsible for any FEMA review or submittal fees.
2. TCEQ Dam Safety Permitting:
Due to the anticipated height, volume, and downstream hazard conditions for the
proposed detention pond, the embankment will fall under jurisdiction of the
Texas Commission on Environmental Quality (TCEQ) Dam Safety section. This
will require coordination and submittal of the plans for review, and approval by
TCEQ will be required prior to commencement of construction on the
embankment.
Westwood proposes to meet with TCEQ staff at the beginning of the project,
during the 30% design phase, to present the concept and identify any potential
complications early. Plans will be submitted to the TCEQ at the 60% phase and
resubmitted at the 100% phase.
3. USACE Permitting:
Nationwide Permit 43 Application – Detention Pond Site
Westwood) will prepare and submit the current USACE NWP 43 permit form,
which integrates the requirements of the Nationwide Permit Program for the Fort
Worth District, along with the preliminary jurisdictional determination report
that was previously prepared. The NWP 43 permit form will be prepared in
accordance with current USACE Fort Worth District guidance.
Assumptions:
The submittal of a permit application to the USACE does not guarantee the
authorization or approval of a permit.
If a Nationwide Permit 43 authorization or a waiver is refused by the USACE,
then an Individual Permit would be necessary for impacts. In that case,
Westwood will perform the permitting under a separate scope and fee.
Individual Permits involve much more coordination than NWPs and include a
multi-agency review as well as public notices and involvement. Therefore, the
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 17
timeframe to obtain authorization under an Individual Permit, as well as the
consulting cost, would go up if the project were to require an Individual
Permit.
If a cultural resources desktop review is not sufficient for the project area
upon review by the USACE, an on-site cultural resources evaluation would be
necessary and would be considered an additional service.
Nationwide Permit Application – Channel Improvements at Austin & Oakland
Westwood will prepare and submit the current USACE NWP permit form, which
integrates the requirements of the Nationwide Permit Program for the Fort
Worth District, along with the preliminary jurisdictional determination report
that was previously prepared. The NWP permit form will be prepared in
accordance with current USACE Fort Worth District guidance.
Assumptions:
The submittal of a permit application to the USACE does not guarantee the
authorization or approval of a permit.
If a Nationwide Permit authorization or a waiver is refused by the USACE,
then an Individual Permit would be necessary for impacts. In that case,
Westwood will perform the permitting under a separate scope and fee.
Individual Permits involve much more coordination than NWPs and include a
multi-agency review as well as public notices and involvement. Therefore, the
timeframe to obtain authorization under an Individual Permit, as well as the
consulting cost, would go up if the project were to require an Individual
Permit.
If a cultural resources desktop review is not sufficient for the project area
upon review by the USACE, an on-site cultural resources evaluation would be
necessary and would be considered an additional service.
J. Right-of-Way & Easements:
1. Right-Of-Way & Easement Documents
Westwood shall prepare up to ten (10) right-of-way or easement exhibits as
necessary for project improvements. Documents include preparation of separate
instrument metes & bounds and map of right-of-way or easement. Setting
monumentation is not included in this scope of work.
2. ALTA Survey
Westwood shall prepare a land survey for the pre-developed conditions of the
19.85-acre tract located at 2100 Hinkle Drive in Denton, TX, in compliance with
the 2021 Minimum Standard Detail Requirements for an ALTA/ACSM Land Title
Survey as adopted by the American Land Tit85-Acrele Association and National
Society of Professional Surveyors.
3. Acquisition Services
Through a qualified subcontractor, Westwood shall perform Right-of-Way and
Easement acquisition services for up to ten (10) parcels. Services are provided at
fixed price per parcel, which includes, consultation with project manager and
client, property ownership verification, market appraisal analysis, property
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 18
negotiation, and coordination for legal ownership/rights transfer to Client.
Eminent Domain assistance for up to three (3) of the anticipated ten (10) parcels
is also included at a fixed price per parcel.
K. Structural Engineering
Westwood will perform structural engineering services on various structures as
needed for the design of the project. Structural services are intended to be identified
by the 30% conceptual submittal, and structural engineering drawings will be
provided at the 60%, 90% and final 100% design submittals.
1. Austin Street Bridge (at N. Pecan Creek)
2. Oakland Street Bridge (at N. Pecan Creek)
Bridge Layouts
The Engineer shall prepare a bridge layout plan sheet. The Engineer shall
determine the location of each soil boring needed for foundation design in
accordance with the TxDOT Geotechnical Manual.
The Engineer shall comply with all relevant sections of the latest edition of
the TxDOT Bridge Design Manual - LRFD, TxDOT Bridge Project
Development Manual, TxDOT Bridge Detailing Guide, and AASHTO LRFD
Bridge Design Specifications, and respective checklists. Each bridge/wall
layout sheet must include bridge/wall typical sections, structural dimensions,
abutment and bent locations, and superstructure and substructure types. The
Engineer shall locate and plot all soil borings and utilities, show proposed
retaining walls, and, for staged construction, indicate limits of existing bridge
for removal and reconstruction.
Bridge Structural Details
The Engineer shall prepare each structural design and develop detailed structural
drawings of all required details in compliance with above-listed manuals and
guidelines. The Engineer shall assemble and complete all applicable State
Standard Details sheets.
Additionally, the Engineer shall:
Perform calculations for design of bridge abutments and bents;
Perform calculations for bridge slab design;
Perform calculations to determine elevations of bridge substructure and
super structure elements;
Perform calculations for bridge superstructure design;
Prepare necessary foundation details and plan sheets;
Prepare plan sheets for abutment design;
Prepare plan sheets for additional abutment details;
Prepare framing plan and slab plan sheets;
Compute and prepare tables for slab and bearing seat elevations, dead load
deflections, etc.;
Design beams and prepare beam design tables; and
Prepare special provisions and special specifications in accordance with the
above-listed manuals and guidelines.
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 19
Bridge Construction Plans
Westwood will prepare construction documents that include the following:
Quantity Sheet
Bridge Plan & Profile Sheets (Included at 30%)
Bridge Typical Sections (Included at 30%)
Foundation Layouts
Foundation Details
Abutment/Bent Plan & Elevation Sheets
Abutment/Bent Detail Sheets
Superstructure Detail Sheets
Boring Logs
Standard Drawings
Modified Standard Drawings
Assumptions:
There are no utilities interfacing the bridges
The design involves no architectural features
There are no custom or unique lighting, architectural, landscaping, or
planting features included in this scope. These items can be coordinated with
the bridge design for an additional fee
All “items to be provided by other disciplines for structural design” will be
provided to the Engineer
Freeboard requirements will be met with proposed grades, any channel
modifications, and typical TxDOT superstructure depths
3. Channel Improvement Design – Rectangular Concrete Section
Westwood will provide structural details for one (1) rectangular concrete channel
section that runs between Oakland St and N Austin St. The structure is assumed
to retain earth from the adjacent roadway and properties. It is assumed a traffic
barrier will be embedded into the top of wall along Marshall St.
Westwood will prepare construction documents which include:
Structure Detail Sheets
o Relevant Typical Sections
o Reinforcement Detailing with bar sizes, spacing, and lengths
o Concrete dimensions, with shear keys, blockouts, and connections (as
required)
Supporting Calculations (as required)
4. Non-Standard Junction Box Design
Westwood will provide structural details for one (1) custom concrete junction
box. The junction box is assumed to connect large multi-box culverts. We are
assuming the box will not have to be prestressed and can be designed with typical
mild reinforcement. If the structure type differs significantly from our
assumptions a fee modification may be required.
Westwood will prepare construction documents which include:
Structure Detail Sheets
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 20
o Relevant Typical Sections
o Reinforcement Detailing with bar sizes, spacing, and lengths
o Concrete dimensions, with shear keys, blockouts, and connections (as
required)
Supporting Calculations (as required)
5. Detention Pond Outfall Structure
Westwood will provide structural details for one (1) outfall structure. The exact
type of structure is unknown at this level of design. We have assumed a concrete
wall type weir structure for our fee estimate. If the structure type differs
significantly a fee modification may be required.
Westwood will prepare construction documents which include:
Structure Detail Sheets
o Relevant Typical Sections
o Reinforcement Detailing with bar sizes, spacing, and lengths
o Concrete dimensions, with shear keys, blockouts, and connections (as
required)
Supporting Calculations (as required)
6. Sidewalk Retaining Wall
Westwood will provide structural details for one (1) sidewalk wall with a
maximum retained height of up to 5’.
Westwood will prepare construction documents which include:
Structure Detail Sheets
o Relevant Typical Sections
o Reinforcement Detailing with bar sizes, spacing, and lengths
o Concrete dimensions, with shear keys, blockouts, and connections (as
required)
Supporting Calculations (as required)
7. Miscellaneous Structural Design
An additional miscellaneous structural line item to cover any other miscellaneous
structural items that may be needed on the project. This will only be used with
authorization from Client.
Westwood will prepare construction documents which include:
Structure Detail Sheets
o Relevant Typical Sections
o Reinforcement Detailing with bar sizes, spacing, and lengths
o Concrete dimensions, with shear keys, blockouts, and connections (as
required)
Supporting Calculations (as required)
Applicable to All Structural Designs
Westwood will develop supporting calculations prepared in accordance with the
latest version of: AASHTO LRFD Bridge Design Specifications; ACI 318; IBC; and
TxDOT Standard Specifications for Construction of Highways, Streets, and
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 21
Bridges. Construction related services such as temporary shoring or soil stability
during construction are specifically EXCLUDED from this scope.
L. Texas Accessibility Standards (TAS)
1. Through a qualified Registered Accessibility Specialist (RAS) subcontractor,
Westwood shall perform the following Texas Accessibility Standards (TAS)
review and inspection:
Perform a review of construction plans to make sure they are in conformance
with the latest Texas Accessibility Standards (TAS).
Includes revisions to plans per TAS comments.
This fee included the $175 project filing fee with TDLR.
Perform a post-construction inspection of the project to make sure the
constructed improvements conform to the Texas Accessibility Standards
(TAS).
Services not included in this contract:
Construction inspection services
As-built surveys of constructed improvements
Public hearings or City Council/Commission meetings
Reset property corner monumentation disturbed or removed during or after
construction.
Phase II Environmental Site Assessments
Storm Water Pollution Prevention Plans (SWPPP)
Preliminary and final platting
Zoning change assistance
Site Plan layout
Traffic and parking studies
Design of screening walls, transformer or generator pads, hardscape features, pavers
and/or site signage
Detailed layout of walks and hardscape areas, including scoring patterns
Design of any underfloor drainage systems or grading
Design of french drain systems around the building perimeters.
Landscape Plan and Irrigation Plan
Off-site roadway, drainage, and utility extensions/improvements
LEED pursuit
Construction staking
Property Acquisition Services
Title Research
USACE Individual Permit (for impacts to waters of the US)
END OF EXHIBIT ‘A’
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT B to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 22
EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT
NEIGHBORHOOD 5B & OAKLAND DRAINAGE
COMPENSATION:
For all professional services included in EXHIBIT ‘A’, Scope of Services, Westwood shall be
compensated as a lump sum and hourly fee as noted in summary below. A Manhour Detail is
provided in EXHIBIT ‘B-1’ for breakdown of the fee and a Westwood Fee Rate Schedule is
provided in EXHIBIT ‘B-2’. The total fee shall be considered full compensation for the services
described in EXHIBIT ‘A’, including all labor materials, supplies, and equipment necessary to
deliver the services.
Services Fee Fee Type
A. Project Management
A.1 Team Management 81,280.00$ Hourly
A.2 Communications and Reporting 237,670.00$ Hourly
A.3 Franchise Utility Coordination 28,400.00$ Hourly
A.4 Construction Manager at Risk (CMAR) Services 382,940.00$ Hourly
B. Conceptual Design Study (10% Submittal)
B.1 Data Collection 48,480.00$ Lump Sum
B.2 Refined Drainage Study 110,640.00$ Lump Sum
B.3 Conceptual Design Exhibits & Alternative Analysis
Roadway & Drainage 88,760.00$ Lump Sum
Wastewater 18,880.00$ Lump Sum
C. Conceptual Packages (30% Construction Plans)
C.1 Drainage Package
Drainage 223,680.00$ Lump Sum
Water 5,040.00$ Lump Sum
Wastewater 7,950.00$ Lump Sum
C.2 Streets Package
Roadway & Drainage 297,320.00$ Lump Sum
Water 34,280.00$ Lump Sum
Wastewater 23,160.00$ Lump Sum
C.3 Marshall Street Channel Improvements
Roadway & Drainage 43,360.00$ Lump Sum1
Fee Summary
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT B to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 23
Services Fee Fee Type
D. Preliminary Design (60% Construction Plans)
D.1 Drainage Package
Drainage 312,040.00$ Lump Sum
Water 5,040.00$ Lump Sum
Wastewater 7,950.00$ Lump Sum
D.2 Streets Package
Roadway & Drainage 355,580.00$ Lump Sum
Water 34,280.00$ Lump Sum
Wastewater 23,160.00$ Lump Sum
Illumination 28,640.00$ Lump Sum
D.3 Marshall Street Channel Improvements
Roadway & Drainage 47,060.00$ Lump Sum1
E. Final Design (90% & 100% Construction Plans)
E.1 Drainage Package
Drainage 312,040.00$ Lump Sum
Water 5,040.00$ Lump Sum
Wastewater 7,950.00$ Lump Sum
E.2 Streets Package
Roadway & Drainage 348,180.00$ Lump Sum
Water 34,280.00$ Lump Sum
Wastewater 23,160.00$ Lump Sum
Illumination 28,640.00$ Lump Sum
E.3 Marshall Street Channel Improvements
Roadway & Drainage 47,060.00$ Lump Sum1
F. Bid Phase Services
F.1 Bid Phase Services 34,500.00$ Hourly
G. Construction Administration
G.1 Construction Administration 165,470.00$ Hourly
H. Field Investigations
H.1 Design Survey 152,940.00$ Lump Sum
H.2 Environmental Investigations 41,060.00$ Lump Sum
H.3 Geotechnical Engineering 74,910.00$ Lump Sum
H.4 Subsurface Utility Engineering
Level B SUE 130,387.50$ Lump Sum
Level A SUE (Up to 20 Test Holes)32,775.00$ Lump Sum1
Fee Summary
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT B to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”)
for Consulting Services
5/22/2024 Page 24
Monthly statements for reimbursable services performed by sub consultants will be based upon
the actual cost to Westwood plus fifteen percent (15%). Direct Expenses are included in the
lump sum fees and are usual and customary expenses normally incurred during performance of
the services described. These expenses could include courier delivery charges, copies of existing
engineering plans and/or maps, printing and reproduction (either in-house or by reproduction
company) and mileage.
METHOD OF PAYMENT:
Westwood shall be paid monthly payments as described in Article 3 of the AGREEMENT. The
cumulative sum of such monthly partial fee payments shall not exceed the total current project
budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of Westwood.
END OF EXHIBIT ‘B’
Services Fee Fee Type
I. Permitting
I.1 Floodplain Permitting 128,980.00$ Hourly
I.2 TCEQ Dam Safety Permitting 25,600.00$ Hourly
I.3 USACE Permitting 50,880.00$ Hourly
J. Right-of-Way & Easements
J.1 ROW & Easement Documents (up to 10)26,270.00$ Hourly
J.2 ALTA Survey 10,360.00$ Hourly
J.3 Acquisition Services 145,187.50$ Lump Sum1
K. Structural Design
K.1 Structural Design 230,000.00$ Lump Sum1
L. Texas Accessibility Standards (TAS)
L.1 TAS Review & Inspection 10,955.00$ Lump Sum
Total Lump Sum
Total Hourly
Total Lump Sum (Additional Services)1
Total Fee
Notes:
1. Considered "Additional Services" and will be done as needed for the project.
Fee Summary
2,794,422.50$
1,172,350.00$
545,442.50$
4,512,215.00$
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
Detailed Fee Breakdown EXHIBIT B-1
Project: Neighborhood 5B & Oakland Drainage
Client: City of Denton
Date: 04/05/2024
Tasks Sr. Project ManagerProject ManagerSr. Civil EngineerCivil EngineerGraduate EngineerSr. Engineering TechEngineering TechTraffic EngineerTraffic Graduate EngineerStructural EngineerSurvey RPLSSurvey TechResearch ManagerResearcherSurvey Field (Crew Chief)Survey Field (Instrument Operator)Sr. Env. ScientistEnv. ScientistAdminHourly Rate ($)$270 $230 $260 $210 $160 $180 $140 $230 $170 $240 $270 $175 $160 $95 $130 $90 $220 $130 $105 Total Hours Labor Cost Direct Cost Sub Cost Total ($)
A. Project ManagementA.1 Team Management
Weekly Status Meetings (16 months @ 1hr per)64 64 64 64 64 64 384 $81,280.00 $81,280.00
A.2 Communications and Reporting
Pre-Design Meetings 12 12 12 12 12 60 $13,560.00 $225.00 $13,785.00
Project Kick-Off Meeting 8 8 8 8 8 40 $9,040.00 $9,040.00
Public Stakeholder Meetings (2 Meetings)16 16 16 16 16 80 $18,080.00 $450.00 $18,530.00Public Stakeholder Exhibits Preparation 80 80 80 80 80 400 $90,400.00 $1,000.00 $91,400.00
Bi-Weekly Coordination Meetings (Assume 16 months)32 32 32 32 32 160 $36,160.00 $1,000.00 $37,160.00Project Coordination with Agencies/Entities/Stakeholders (Up to 20 meetings @ 2 hr per)40 40 40 40 40 200 $45,200.00 $1,000.00 $46,200.00
Project Invoicing/Status Update Summary (Up to 36 months)36 36 36 108 $21,780.00 $21,780.00
Sub-Total 224 224 188 188 188 0 0 0 0 0 0 0 0 0 0 0 0 0 36 1048 $234,220.00 $3,450.00 $0.00 $237,670.00
A.3 Franchise Utility Coordination
Utility Coordination Meetings (Up to 20 @ 2 hr per)40 40 40 120 $28,400.00 $28,400.00
A.4 Construction Manager at Risk (CMAR) Services
Project Documents (Manual, Specifications, Etc.)40 40 40 120 $28,400.00 $28,400.00Opinion of Probable Cost 40 40 40 40 40 200 $45,200.00 $45,200.00
Design Workshops (Workshop @ Kick-Off, 10%, 30%, 60%, 90%)200 200 200 200 200 1000 $226,000.00 $1,500.00 $227,500.00
TCP Design Workshops 40 40 40 40 40 200 $45,200.00 $500.00 $45,700.00
Site Constructability Review 16 16 16 16 16 80 $18,080.00 $300.00 $18,380.00
Sub-Total 336 360 296 360 320 0 24 0 0 0 0 0 0 0 0 0 0 0 0 1696 $380,640.00 $2,300.00 $0.00 $382,940.00
Total 664 688 548 652 572 0 88 0 0 0 0 0 0 0 0 0 0 0 36 3248 $724,540.00 $5,750.00 $0.00 $730,290.00B. Conceptual Design Study (10% Submittal)
B.1 Data Collection 24 24 48 88 88 272 $48,480.00 $48,480.00
B.2 Refined Drainage StudyHydrologic and Hydraulic Analysis 32 112 176 320 $60,320.00 $60,320.00
Report Preparation 8 56 120 80 264 $44,320.00 $44,320.00
QA/QC 12 12 24 $6,000.00 $6,000.00
Sub-Total 52 12 0 168 296 0 80 0 0 0 0 0 0 0 0 0 0 0 0 608 $110,640.00 $0.00 $0.00 $110,640.00
B.3 Conceptual Design Exhibits & Alternative Analysis
Preliminary Typical Sections (Alternatives Analysis)8 8 24 24 64 $10,720.00 $10,720.00Preliminary Plan Layouts 24 40 60 60 184 $31,920.00 $31,920.00
Sanitary Sewer Route Alternative 8 24 40 40 112 $18,880.00 $18,880.00Design Alternative Exhibit Preparation 24 24 24 24 96 $17,760.00 $17,760.00
Park Channel Revitalization Exhibits 16 24 24 64 $13,200.00 $13,200.00
Conceptual TCP Exhibit 8 16 16 40 $7,760.00 $7,760.00
Franchise Utility Conflict Exhibits 4 8 16 16 44 $7,400.00 $7,400.00
Sub-Total 0 76 0 120 180 0 164 0 0 0 0 0 0 0 0 0 0 0 0 540 $107,640.00 $0.00 $0.00 $107,640.00
Total 76 112 0 336 564 0 332 0 0 0 0 0 0 0 0 0 0 0 0 1420 $266,760.00 $0.00 $0.00 $266,760.00C. Conceptual Packages (30% Construction Plans)
C.1 Drainage Package
General Plan Production (Cover, Index, Layout, Removals)3 12 27 43 43 128 $22,140.00 $22,140.00
Pavement Design (Typ. Sections, P&P, Cross Sections)8 11 36 44 43 142 $25,310.00 $25,310.00
Drainage Design (DMAP, H&H Calcs, Det. Calcs, Grading Storm P&P, Details)30 35 278 344 269 956 $167,230.00 $167,230.00
Water Conflict/Relocation Plan Sheets 2 6 8 14 30 $5,040.00 $5,040.00
Sanitary Sewer Conflict/Relocation Plan Sheets 3 14 14 14 45 $7,950.00 $7,950.00QA/QC & Submittal 16 16 32 $8,000.00 $1,000.00 $9,000.00
Sub-Total 62 74 0 361 453 0 383 0 0 0 0 0 0 0 0 0 0 0 0 1333 $235,670.00 $1,000.00 $0.00 $236,670.00
C.2 Streets Package
General Plan Production (Cover, Index, Layout, Removals)14 40 56 56 15 $28,420.00 $28,420.00
Traffic Control Plan (Sequence, Phasing, Detours)56 80 64 64 264 $48,880.00 $48,880.00
Roadway Design (Typ. Sections, P&P, Cross Sections)70 208 212 204 694 $122,260.00 $122,260.00Drainage Design (DMAP, H&H Calcs, Storm P&P)24 144 152 152 472 $81,360.00 $81,360.00
Water Plan & Profiles 16 60 60 60 196 $34,280.00 $34,280.00Sewer Plan & Profiles 12 40 40 40 132 $23,160.00 $23,160.00
QA/QC & Submittal 16 16 32 $8,000.00 $8,000.00Franchise Utility Conflict Exhibits Sheets 4 8 16 16 44 $7,400.00 $1,000.00 $8,400.00
Sub-Total 16 212 0 580 600 0 592 0 0 0 0 0 0 0 0 0 0 0 0 1849 $353,760.00 $1,000.00 $0.00 $354,760.00
C.3 Marshall Street Channel Improvements
Roadway Design (Typ. Sections, Removals, P&P, Sign & Pav Mark, Cross Sections)11 44 44 44 143 $24,970.00 $24,970.00Drainage Design (DMAP, H&H Calcs, Storm P&P)9 32 32 32 105 $18,390.00 $18,390.00
Sub-Total 0 20 0 76 76 0 76 0 0 0 0 0 0 0 0 0 0 0 0 248 $43,360.00 $0.00 $0.00 $43,360.00
Total 78 306 0 1017 1129 0 1051 0 0 0 0 0 0 0 0 0 0 0 0 3430 $632,790.00 $2,000.00 $0.00 $634,790.00
Page 1 of 3
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
Detailed Fee Breakdown EXHIBIT B-1
Tasks Sr. Project ManagerProject ManagerSr. Civil EngineerCivil EngineerGraduate EngineerSr. Engineering TechEngineering TechTraffic EngineerTraffic Graduate EngineerStructural EngineerSurvey RPLSSurvey TechResearch ManagerResearcherSurvey Field (Crew Chief)Survey Field (Instrument Operator)Sr. Env. ScientistEnv. ScientistAdminHourly Rate ($)$270 $230 $260 $210 $160 $180 $140 $230 $170 $240 $270 $175 $160 $95 $130 $90 $220 $130 $105 Total Hours Labor Cost Direct Cost Sub Cost Total ($)
D. Preliminary Design (60% Construction Plans)
D.1 Drainage PackageGeneral Plan Production (Cover, Index, Gen Notes, Std Details, Layout & Control, Removals)7 28 47 75 51 8 24 240 $43,700.00 $43,700.00
Traffic Control Plan (Sequence, Phasing, Detours)12 24 24 24 84 $15,000.00 $15,000.00Pavement Design (Typ. Sections, P&P, Sign & Pav Mark, Cross Sections)8 11 36 44 43 142 $25,310.00 $25,310.00
Drainage Design (DMAP, H&H Calcs, Det. Calcs, Grading Storm P&P, Details)30 35 278 344 269 956 $167,230.00 $167,230.00Water Conflict/Relocation Plan Sheets 2 6 8 14 30 $5,040.00 $5,040.00
Sanitary Sewer Conflict/Relocation Plan Sheets 3 14 14 14 45 $7,950.00 $7,950.00
Erosion & Landscape (ECP, Tree Protection & Mitigation Sheets)14 14 80 80 80 268 $47,800.00 $47,800.00
QA/QC & Submittal 24 24 48 $12,000.00 $1,000.00 $13,000.00
Sub-Total 88 124 0 485 589 0 495 0 0 0 8 24 0 0 0 0 0 0 0 1813 $324,030.00 $1,000.00 $0.00 $325,030.00
D.2 Streets PackageGeneral Plan Production (Cover, Index, Gen Notes, Std Details, Layout & Control, Removals)36 60 92 72 10 32 75 $53,980.00 $53,980.00
Traffic Control Plan (Sequence, Phasing, Detours)56 80 64 64 264 $48,880.00 $48,880.00
Roadway Design (Typ. Sections, P&P, Sign & Pav Mark, Cross Sections)70 208 212 204 694 $122,260.00 $122,260.00
Drainage Design (DMAP, H&H Calcs, Storm P&P)24 144 152 152 472 $81,360.00 $81,360.00
Water Plan & Profiles 16 60 60 60 196 $34,280.00 $34,280.00
Sewer Plan & Profiles 12 40 40 40 132 $23,160.00 $23,160.00
Illumination Design 8 56 80 144 $28,640.00 $28,640.00Erosion & Landscape (ECP, Tree Protection & Mitigation Sheets)10 40 60 60 170 $28,700.00 $28,700.00
QA/QC & Submittal 24 24 48 $12,000.00 $12,000.00Franchise Utility Conflict Exhibits Sheets 4 8 16 16 44 $7,400.00 $1,000.00 $8,400.00
Sub-Total 32 252 0 640 696 0 668 56 80 0 10 32 0 0 0 0 0 0 0 2239 $440,660.00 $1,000.00 $0.00 $441,660.00
D.3 Marshall Street Channel Improvements
Roadway Design (Typ. Sections, Removals, P&P, Sign & Pav Mark, Cross Sections)11 44 44 44 143 $24,970.00 $24,970.00Drainage Design (DMAP, H&H Calcs, Storm P&P)9 32 32 32 105 $18,390.00 $18,390.00
Erosion & Landscape (ECP, Tree Protection & Mitigation Sheets)2 4 8 8 22 $3,700.00 $3,700.00Sub-Total 0 22 0 80 84 0 84 0 0 0 0 0 0 0 0 0 0 0 0 270 $47,060.00 $0.00 $0.00 $47,060.00
Total 120 398 0 1205 1369 0 1247 56 80 0 18 56 0 0 0 0 0 0 0 4322 $811,750.00 $2,000.00 $0.00 $813,750.00
E. Final Design (90% & 100% Construction Plans)
E.1 Drainage Package
General Plan Production (Cover, Index, Gen Notes, Std Details, Layout & Control, Removals)7 28 47 75 51 8 24 240 $43,700.00 $43,700.00
Traffic Control Plan (Sequence, Phasing, Detours)12 24 24 24 84 $15,000.00 $15,000.00Pavement Design (Typ. Sections, P&P, Sign & Pav Mark, Cross Sections)8 11 36 44 43 142 $25,310.00 $25,310.00
Drainage Design (DMAP, H&H Calcs, Det. Calcs, Grading Storm P&P, Details)30 35 278 344 269 956 $167,230.00 $167,230.00Water Conflict/Relocation Plan Sheets 2 6 8 14 30 $5,040.00 $5,040.00
Sanitary Sewer Conflict/Relocation Plan Sheets 3 14 14 14 45 $7,950.00 $7,950.00
Erosion & Landscape (ECP, Tree Protection & Mitigation Sheets)14 14 80 80 80 268 $47,800.00 $47,800.00
QA/QC & Submittal 24 24 48 $12,000.00 $1,000.00 $13,000.00
Sub-Total 88 124 0 485 589 0 495 0 0 0 8 24 0 0 0 0 0 0 0 1813 $324,030.00 $1,000.00 $0.00 $325,030.00
E.2 Streets PackageGeneral Plan Production (Cover, Index, Gen Notes, Std Details, Layout & Control, Removals)36 60 92 72 10 32 75 $53,980.00 $53,980.00
Traffic Control Plan (Sequence, Phasing, Detours)56 80 64 64 264 $48,880.00 $48,880.00Roadway Design (Typ. Sections, P&P, Sign & Pav Mark, Cross Sections)70 208 212 204 694 $122,260.00 $122,260.00
Drainage Design (DMAP, H&H Calcs, Storm P&P)24 144 152 152 472 $81,360.00 $81,360.00
Water Plan & Profiles 16 60 60 60 196 $34,280.00 $34,280.00
Sewer Plan & Profiles 12 40 40 40 132 $23,160.00 $23,160.00
Illumination Design 8 56 80 144 $28,640.00 $28,640.00Erosion & Landscape (ECP, Tree Protection & Mitigation Sheets)10 40 60 60 170 $28,700.00 $28,700.00
QA/QC & Submittal 24 24 48 $12,000.00 $1,000.00 $13,000.00Sub-Total 32 248 0 632 680 0 652 56 80 0 10 32 0 0 0 0 0 0 0 2195 $433,260.00 $1,000.00 $0.00 $434,260.00
E.3 Marshall Street Channel Improvements
Roadway Design (Typ. Sections, Removals, P&P, Sign & Pav Mark, Cross Sections)11 44 44 44 143 $24,970.00 $24,970.00
Drainage Design (DMAP, H&H Calcs, Storm P&P)9 32 32 32 105 $18,390.00 $18,390.00
Erosion & Landscape (ECP, Tree Protection & Mitigation Sheets)2 4 8 8 22 $3,700.00 $3,700.00
Sub-Total 0 22 0 80 84 0 84 0 0 0 0 0 0 0 0 0 0 0 0 270 $47,060.00 $0.00 $0.00 $47,060.00
Total 120 394 0 1197 1353 0 1231 56 80 0 18 56 0 0 0 0 0 0 0 4278 $804,350.00 $2,000.00 $0.00 $806,350.00F. Bid Phase Services
F.1 Bid Phase Services
Bid Advertisement (up to 2)8 8 16 $4,000.00 $4,000.00
Bid Document Distribution 8 8 16 $4,000.00 $4,000.00
Bidder Assistance 4 8 24 48 24 108 $19,000.00 $19,000.00
Bid Analysis and Recommendation of Award 8 8 16 $4,000.00 $4,000.00
Conformed Construction Plans 4 4 8 $2,000.00 $1,500.00 $3,500.00
Total 32 36 0 24 48 0 24 0 0 0 0 0 0 0 0 0 0 0 0 164 $33,000.00 $1,500.00 $0.00 $34,500.00
Page 2 of 3
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
Detailed Fee Breakdown EXHIBIT B-1
Tasks Sr. Project ManagerProject ManagerSr. Civil EngineerCivil EngineerGraduate EngineerSr. Engineering TechEngineering TechTraffic EngineerTraffic Graduate EngineerStructural EngineerSurvey RPLSSurvey TechResearch ManagerResearcherSurvey Field (Crew Chief)Survey Field (Instrument Operator)Sr. Env. ScientistEnv. ScientistAdminHourly Rate ($)$270 $230 $260 $210 $160 $180 $140 $230 $170 $240 $270 $175 $160 $95 $130 $90 $220 $130 $105 Total Hours Labor Cost Direct Cost Sub Cost Total ($)
G. Construction Administration
G.1 Construction AdministrationPre-Construction Conference (up to 2)8 8 16 $4,000.00 $4,000.00
Site Visit (1 per month)88 88 176 $38,720.00 $2,000.00 $40,720.00Construction Meetings (Conference Call Monthly)22 22 22 66 $15,620.00 $15,620.00
Construction Meetings (Bi-Weekly In-Person)180 80 260 $54,200.00 $3,400.00 $57,600.00Shop Drawing and Lab Report Review 8 16 16 40 $9,200.00 $9,200.00
Instruction to Contractor 8 32 64 104 $22,960.00 $22,960.00
Final Inspection 8 8 8 8 32 $6,960.00 $250.00 $7,210.00
Record Drawings 2 8 8 8 16 4 46 $8,160.00 $8,160.00
Total 56 362 0 206 88 8 16 0 0 0 0 0 0 0 0 0 0 0 4 740 $159,820.00 $5,650.00 $0.00 $165,470.00
H. Field InvestigationsH.1 Design Survey
Preparation and Posting Door Hanger Notification Letters 1 2 2 4 9 $1,510.00 100.00$ $1,610.00
Research for Right-of-Way and Easements 8 40 16 40 104 $15,520.00 $15,520.00
Establish Horizontal and Vertical Control 16 24 54 54 148 $20,400.00 $20,400.00
Field Work for Design Survey 32 24 216 216 488 $60,360.00 1,600.00$ $61,960.00
Data Reduction and Analysis 24 50 74 $15,230.00 $15,230.00
Design Survey Drafting 40 84 124 $25,500.00 $25,500.00QA/QC Review 12 24 24 24 84 $12,720.00 $12,720.00
Sub-Total 0 1 0 0 0 0 0 0 0 0 134 246 18 40 294 294 0 0 4 1031 $151,240.00 $1,700.00 $0.00 $152,940.00
H.2 Environmental Investigations
Waters of the US Delineation 2 24 32 58 $9,900.00 $100.00 $10,000.00
Phase 1 ESA 2 24 32 58 $9,900.00 $100.00 $10,000.00
Environmentally Sensitive Areas Assessment 2 24 32 58 $9,900.00 $100.00 $10,000.00Protected Species Habitat Assessment 2 10 16 28 $4,740.00 $100.00 $4,840.00
Cultural Resource Assessment 2 12 24 38 $6,220.00 $6,220.00Sub-Total 0 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 94 136 0 240 $40,660.00 $400.00 $0.00 $41,060.00
H.3 Geotechnical Engineering
Pavement Improvements 2 4 4 10 $2,300.00 $27,945.00 $30,245.00
Detention Pond and Embankment 2 4 4 10 $2,300.00 $29,785.00 $32,085.00
Bridge Borings 2 4 8 14 $3,380.00 $9,200.00 $12,580.00
Sub-Total 6 12 0 8 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 34 $7,980.00 $0.00 $66,930.00 $74,910.00
H.4 Subsurface Utility EngineeringLevel B SUE 2 4 8 14 $3,140.00 $127,247.50 $130,387.50
Level A SUE (Up to 20 Test Holes)0 $0.00 $32,775.00 $32,775.00
Sub-Total 6 4 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 14 $3,140.00 $0.00 $160,022.50 $163,162.50
Total 12 27 8 16 0 0 0 0 0 8 134 246 18 40 294 294 94 136 18 1319 $203,020.00 $2,100.00 $226,952.50 $432,072.50
I. Permitting
I.1 Floodplain Permitting
Conditional Letter of Map Revision (CLOMR)20 40 188 56 304 $52,520.00 $52,520.00Submittal & Review Fee (CLOMR)$6,500.00 $6,500.00
Letter of Map Revision (LOMR)24 48 188 56 2 4 24 24 370 $61,960.00 $61,960.00Submittal & Review Fee (LOMR)$8,000.00 $8,000.00
Sub-Total 44 88 0 0 376 0 112 0 0 0 2 4 0 0 24 24 0 0 0 674 $114,480.00 $14,500.00 $0.00 $128,980.00
I.2 TCEQ Dam Safety Permitting 40 40 40 120 $25,600.00 $25,600.00
I.3 USACE Permitting
Nationwide Permit 43 - Detention Pond 8 60 80 148 $25,440.00 $25,440.00Nationwide Permit - Channel Improvements 8 60 80 148 $25,440.00 $25,440.00
Sub-Total 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 160 0 296 $50,880.00 $0.00 $0.00 $50,880.00Total8410404041601120002400242412016001090$190,960.00 $14,500.00 $0.00 $205,460.00
J. Right-of-Way & Easements
J.1 ROW & Easement Documents (up to 10)12 12 12 24 40 8 16 8 8 2 142 $26,170.00 $100.00 $26,270.00
J.2 ALTA Survey 4 8 12 24 48 $10,360.00 $10,360.00
J.3 Acquisition ServicesAppraisal ($3,500ea) (up to 10) 0 $0.00 $40,250.00 $40,250.00
Title ($500ea) (up to 10)0 $0.00 $5,750.00 $5,750.00Initial Easement ($2,750ea) (up to 10)0 $0.00 $31,625.00 $31,625.00
Additional Easement ($1,375ea) (up to 10)0 $0.00 $15,812.50 $15,812.50
Eminent Domain Assistance ($15,000ea) (up to 3)0 $0.00 $51,750.00 $51,750.00
Sub-Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $145,187.50 $145,187.50
Total 16 20 0 0 12 0 0 0 0 0 36 64 8 16 8 8 0 0 2 190 $36,530.00 $100.00 $145,187.50 $181,817.50
K. Structural DesignK.1 Structural Design $230,000.00 $0.00 $0.00 $230,000.00
Total 0 284 0 0 842 0 200 0 0 0 0 0 0 0 0 0 0 0 0 1326 $230,000.00 $0.00 $0.00 $230,000.00
L. Texas Accessibility Standards (TAS)
L.1 TAS Review & Inspection 4 8 8 16 36 $7,160.00 $3,795.00 $10,955.00
Total 4 8 0 8 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 36 $7,160.00 $0.00 $3,795.00 $10,955.00
Totals 1,262 2,739 556 4,701 6,409 8 4,301 112 160 8 208 426 26 56 326 326 214 296 60 21,563 Percentage of Total Hours 5.9%12.7%2.6%21.8%29.7%0.0%19.9%0.5%0.7%0.0%1.0%2.0%0.1%0.3%1.5%1.5%1.0%1.4%0.3%100.0%$4,512,215.00$4,100,680.00 $35,600.00 $375,935.00
Page 3 of 3
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
EXHIBIT ‘B-2’
FEE SCHEDULE FOR PUBLIC INFRASTRUCTURE SERVICES
2024 – South
The following is the fee schedule for all work performed under an hourly agreement.
Classification Hourly Rate
Survey Tech I – Survey Tech VI ............................................................................ $125.00 – $205.00
Survey Field I – Survey Field VII ............................................................................ $70.00 – $160.00
Graduate Surveyor I – Graduate Surveyor III ...................................................... $145.00 – $175.00
Surveyor I – Surveyor VI ....................................................................................... $190.00 – $265.00
Remote Sensing Field Tech I – Remote Sensing Field Tech VIII....................... $105.00 – $185.00
Remote Sensing Field Manager .............................................................................................. $200.00
Remote Sensing Tech I – Remote Sensing Tech V .............................................. $130.00 – $185.00
Remote Sensing Manager ......................................................................................................... $215.00
Engineering Technician I – Engineering Tech VII .............................................. $125.00 – $200.00
Graduate Engineer I – Graduate Engineer IV ...................................................... $145.00 – $185.00
Engineer I – Engineer VII ..................................................................................... $190.00 – $270.00
Dust Monitor ............................................................................................................................... $75.00
Construction Observer I – Construction Observer V ............................................$115.00 – $175.00
Environmental Scientist I – Environmental Scientist VIII ................................ $120.00 – $240.00
Environmental Field I – Environmental Field III ................................................. $80.00 – $115.00
GIS I – GIS VIII .....................................................................................................$100.00 – $205.00
Graduate Landscape Architect I – Graduate Landscape Architect III ............... $120.00 – $150.00
Landscape Architect I – Landscape Architect VI ................................................ $155.00 – $240.00
Project Processor I – Project Processor II................................................................ $85.00 – $95.00
Project Coordinator I – Project Coordinator II ................................................... $130.00 – $140.00
Senior Project Coordinator I – Senior Project Coordinator II ............................ $155.00 – $175.00
Admin I – Admin V .................................................................................................. $85.00 – $135.00
Intern I – Intern III ................................................................................................. $75.00 – $105.00
Assistant Project Manager I – Assistant Project Manager III ............................ $180.00 – $205.00
Project Manager I – Project Manager VII ........................................................... $ 195.00 – $290.00
Expert Witness – Court Appearance/Deposition .................................................................... 2 x rate
Westwood Current™ (Geospatial Project Management Tool) Setup and Licensing ....... $600.00+
Specialized Geospatial Equipment – Per Day Use ......................................... $200.00 – $3,000.00
Charges for Other Direct Costs, Outside Services, and facilities furnished by Westwood are
computed on the basis of actual cost plus 15 percent.
TBPLS Firm No. 10074302
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
ID Task Name Duration Start Finish
1 Neighborhood 5B & Oakland Drainage 780 days Mon 7/1/24 Fri 6/25/27
2 Engineering Design 345 days Mon 7/1/24 Fri 10/24/25
3 Notice to Proceed 0 days Mon 7/1/24 Mon 7/1/24
4 Field Investigations 40 days Mon 7/1/24 Fri 8/23/24
5 Survey/Boundary Collection 40 days Mon 7/1/24 Fri 8/23/24
6 SUE 40 days Mon 7/1/24 Fri 8/23/24
7 Geotechnical Investigations 40 days Mon 7/1/24 Fri 8/23/24
8 Environmental Investigations 40 days Mon 7/1/24 Fri 8/23/24
9 Conceptual Design Study (10%)50 days Fri 8/23/24 Fri 11/1/24
10 Design Workshop (Project Kick-Off)0 days Fri 8/23/24 Fri 8/23/24
11 Data Collection 10 days Mon 8/26/24 Fri 9/6/24
12 Refined Alternative Analysis (H&H)40 days Mon 9/9/24 Fri 11/1/24
15 Conceptual Design Exhibits 40 days Mon 9/9/24 Fri 11/1/24
16 Design Workshop (10%)0 days Fri 11/1/24 Fri 11/1/24
17 Drainage Design Package 255 days Mon 11/4/24 Fri 10/24/25
18 Conceptual Design Phase 30%60 days Mon 11/4/24 Fri 1/24/25
19 30% Drainage Design 40 days Mon 11/4/24 Fri 12/27/24
20 30% Design QAQC 10 days Mon 12/30/24 Fri 1/10/25
21 30% Design Submittal 0 days Fri 1/10/25 Fri 1/10/25
22 City/CMAR Review 10 days Mon 1/13/25 Fri 1/24/25
23 Design Workshop (30%)0 days Fri 1/24/25 Fri 1/24/25
24 Preliminary Construction Documents 60%80 days Mon 1/27/25 Fri 5/16/25
25 60% Plan Development 55 days Mon 1/27/25 Fri 4/11/25
26 60% QAQC 15 days Mon 4/14/25 Fri 5/2/25
27 60% Submittal 0 days Fri 5/2/25 Fri 5/2/25
28 City/Construction Manager Review 10 days Mon 5/5/25 Fri 5/16/25
29 Design Workshop (60%)0 days Fri 5/16/25 Fri 5/16/25
30 Construction Documents 90%55 days Mon 5/19/25 Fri 8/1/25
31 90% Plan Development 30 days Mon 5/19/25 Fri 6/27/25
32 90% QAQC 15 days Mon 6/30/25 Fri 7/18/25
33 90% Submittal 0 days Fri 7/18/25 Fri 7/18/25
34 City/Construction Manager Review 10 days Mon 7/21/25 Fri 8/1/25
35 Design Workshop (90%)0 days Fri 8/1/25 Fri 8/1/25
36 Final Construction Documents 20 days Mon 8/4/25 Fri 8/29/25
37 Final Plan Development 15 days Mon 8/4/25 Fri 8/22/25
38 Final Plans QAQC 5 days Mon 8/25/25 Fri 8/29/25
39 Final Plans Submittal 0 days Fri 8/29/25 Fri 8/29/25
40 Streets Design Package 255 days Mon 11/4/24 Fri 10/24/25
41 Conceptual Design Phase 30%70 days Mon 11/4/24 Fri 2/7/25
42 30% Streets Design 50 days Mon 11/4/24 Fri 1/10/25
Neighborhood 5B & Oakland Drainage
Engineering Design
7/1 Notice to Proceed
Field Investigations
Survey/Boundary Collection
SUE
Geotechnical Investigations
Environmental Investigations
Conceptual Design Study (10%)
8/23 Design Workshop (Project Kick-Off)
Data Collection
Refined Alternative Analysis (H&H)
Conceptual Design Exhibits
11/1 Design Workshop (10%)
Drainage Design Package
Conceptual Design Phase 30%
30% Drainage Design
30% Design QAQC
1/10 30% Design Submittal
City/CMAR Review
1/24 Design Workshop (30%)
Preliminary Construction Documents 60%
60% Plan Development
60% QAQC
5/2 60% Submittal
City/Construction Manager Review
5/16 Design Workshop (60%)
Construction Documents 90%
90% Plan Development
90% QAQC
7/18 90% Submittal
City/Construction Manager Review
8/1 Design Workshop (90%)
Final Construction Documents
Final Plan Development
Final Plans QAQC
8/29 Final Plans Submittal
Streets Design Package
Conceptual Design Phase 30%
30% Streets Design
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug
Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027
2025 2026 2027
NEIGHBORHOOD 5B & OAKLAND DRAINAGE
CITY OF DENTON
Wed 5/22/24 Page 1
EXHIBIT CDocusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
ID Task Name Duration Start Finish
43 30% Design QAQC 10 days Mon 1/13/25 Fri 1/24/25
44 30% Design Submittal 0 days Fri 1/24/25 Fri 1/24/25
45 City/Construction Manager Review 10 days Mon 1/27/25 Fri 2/7/25
46 Design Workshop (30%)0 days Fri 2/7/25 Fri 2/7/25
47 Preliminary Construction Documents 60%90 days Mon 2/10/25 Fri 6/13/25
48 60% Plan Development 65 days Mon 2/10/25 Fri 5/9/25
49 60% QAQC 15 days Mon 5/12/25 Fri 5/30/25
50 60% Submittal 0 days Fri 5/30/25 Fri 5/30/25
51 City/Construction Manager Review 10 days Mon 6/2/25 Fri 6/13/25
52 Design Workshop (60%)0 days Fri 6/13/25 Fri 6/13/25
53 Construction Documents 90%70 days Mon 6/16/25 Fri 9/19/25
54 90% Plan Development 45 days Mon 6/16/25 Fri 8/15/25
55 90% QAQC 15 days Mon 8/18/25 Fri 9/5/25
56 90% Submittal 0 days Fri 9/5/25 Fri 9/5/25
57 City/Construction Manager Review 10 days Mon 9/8/25 Fri 9/19/25
58 Design Workshop (90%)0 days Fri 9/19/25 Fri 9/19/25
59 Final Construction Documents 25 days Mon 9/22/25 Fri 10/24/25
60 Final Plan Development 20 days Mon 9/22/25 Fri 10/17/25
61 Final Plans QAQC 5 days Mon 10/20/25 Fri 10/24/25
62 Final Plans Submittal 0 days Fri 10/24/25 Fri 10/24/25
63 Construction Services 475 days Mon 9/1/25 Fri 6/25/27
64 Drainage Package Construction Services 385 days Mon 9/1/25 Fri 2/19/27
65 Bidding Support 45 days Mon 9/1/25 Fri 10/31/25
66 Prepare Bid Documents 5 days Mon 9/1/25 Fri 9/5/25
67 Advertise for Bid 0 days Fri 9/5/25 Fri 9/5/25
68 Bid Assistance 40 days Mon 9/8/25 Fri 10/31/25
69 Bid Award 0 days Fri 10/31/25 Fri 10/31/25
70 Construction Support 330 days Fri 11/14/25 Fri 2/19/27
71 Preconstruction Conference 0 days Fri 11/14/25 Fri 11/14/25
72 Const. Admin Support 330 days Mon 11/17/25 Fri 2/19/27
73 Streets Package Construction Services 435 days Mon 10/27/25 Fri 6/25/27
74 Bidding Support 45 days Mon 10/27/25 Fri 12/26/25
75 Prepare Bid Documents 5 days Mon 10/27/25 Fri 10/31/25
76 Advertise for Bid 0 days Fri 10/31/25 Fri 10/31/25
77 Bid Assistance 40 days Mon 11/3/25 Fri 12/26/25
78 Bid Award 0 days Fri 12/26/25 Fri 12/26/25
79 Construction Support 380 days Fri 1/9/26 Fri 6/25/27
80 Preconstruction Conference 0 days Fri 1/9/26 Fri 1/9/26
81 Const. Admin Support 380 days Mon 1/12/26 Fri 6/25/27
30% Design QAQC
1/24 30% Design Submittal
City/Construction Manager Review
2/7 Design Workshop (30%)
Preliminary Construction Documents 60%
60% Plan Development
60% QAQC
5/30 60% Submittal
City/Construction Manager Review
6/13 Design Workshop (60%)
Construction Documents 90%
90% Plan Development
90% QAQC
9/5 90% Submittal
City/Construction Manager Review
9/19 Design Workshop (90%)
Final Construction Documents
Final Plan Development
Final Plans QAQC
10/24 Final Plans Submittal
Construction Services
Drainage Package Construction Services
Bidding Support
Prepare Bid Documents
9/5 Advertise for Bid
Bid Assistance
10/31 Bid Award
Construction Support
11/14 Preconstruction Conference
Const. Admin Support
Streets Package Construction Services
Bidding Support
Prepare Bid Documents
10/31 Advertise for Bid
Bid Assistance
12/26 Bid Award
Construction Support
1/9 Preconstruction Conference
Const. Admin Support
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug
Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027
2025 2026 2027
NEIGHBORHOOD 5B & OAKLAND DRAINAGE
CITY OF DENTON
Wed 5/22/24 Page 2
EXHIBIT CDocusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
Plot Date/Time: 4/12/2024 9:13 AMN:\0046948.00\06 CAD\_Exhibits\0046948_EXHIBITEXHIBIT
MONTH-YEAR
CITY-STATE
JOB
2000 ft
N➤➤NOakland StTexas St
Withers StAustin StMarshall St
Streets Package Limits:Oakland Street (Locust St. to Marshall St.) Austin Street (Oakland St. to Congress St.)Texas Street (Oakland St. to Bell St.)Withers Street (Oakland St. to Bell St.)Marshall Street (Locust St. to Oakland St.) – Channel Improvements
Drainage Package Limits:Detention Site (Empty tract west of North Texas Fair and Rodeo)Denton Shopping Center Parking Lot – Culvert Improvements
Bell StStreets Package Limits:Oakland Street (Locust St. to Locust St.) Austin Street (Oakland St. to Congress St.)Texas Street (Oakland St. to Bell St.)Withers Street (Oakland St. to Bell St.)Marshall Street (Locust St. to Oakland St.)
EXHIBIT "D"
Project Limits Map
Neighborhood 5B & Oakland Drainage
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc. a Westwood Company
X
6/17/2024
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Docusign Envelope ID: 5D51E33D-03F0-4954-91E3-968B00349482
Certificate Of Completion
Envelope Id: 5D51E33D03F0495491E3968B00349482 Status: Completed
Subject: Please DocuSign: City Council Contract 8377-003 Neighborhood 5B & Oakland Drainage
Source Envelope:
Document Pages: 53 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
6/17/2024 8:18:44 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 6/17/2024 8:21:26 AM
Viewed: 6/17/2024 8:21:34 AM
Signed: 6/17/2024 8:23:18 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 6/17/2024 8:23:21 AM
Viewed: 6/17/2024 8:48:29 AM
Signed: 6/17/2024 8:48:39 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/17/2024 8:48:42 AM
Viewed: 6/17/2024 8:49:41 AM
Signed: 6/17/2024 8:53:14 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brian Oneill
brian.oneill@westwoodps.com
Senior Director, Public Infrastructure
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.114.118.194
Sent: 6/17/2024 8:53:16 AM
Viewed: 6/17/2024 9:02:34 AM
Signed: 6/17/2024 3:45:20 PM
Electronic Record and Signature Disclosure:
Accepted: 6/17/2024 9:02:34 AM
ID: 16e78909-e29d-4cb4-812b-537ea9b85e12
Signer Events Signature Timestamp
Trevor Crain, PMP
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/17/2024 3:45:23 PM
Viewed: 6/17/2024 3:47:57 PM
Signed: 6/17/2024 3:48:39 PM
Electronic Record and Signature Disclosure:
Accepted: 6/17/2024 3:47:57 PM
ID: c9abd392-e59f-4ed5-a4a4-4ed5171872a1
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 6/17/2024 3:48:43 PM
Viewed: 7/17/2024 9:16:41 AM
Signed: 7/17/2024 9:17:19 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 7/17/2024 9:17:22 AM
Viewed: 7/17/2024 9:57:02 AM
Signed: 7/17/2024 9:57:39 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/17/2024 9:57:42 AM
Viewed: 7/17/2024 11:14:44 AM
Signed: 7/17/2024 11:15:13 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2024 8:23:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2024 3:48:43 PM
Viewed: 6/18/2024 2:54:15 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/17/2024 11:15:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Taylor Holt
taylor.holt@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/17/2024 11:15:17 AM
Electronic Record and Signature Disclosure:
Accepted: 6/4/2024 2:12:29 PM
ID: 2a3a6d49-500d-4095-b744-3987eb5c8e5e
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/17/2024 8:21:26 AM
Certified Delivered Security Checked 7/17/2024 11:14:44 AM
Signing Complete Security Checked 7/17/2024 11:15:13 AM
Completed Security Checked 7/17/2024 11:15:17 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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From time to time, City of Denton (we, us or Company) may be required by law to provide to
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DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Brian Oneill, Trevor Crain, PMP, Taylor Holt
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.